SRI S V YELLAPPA REDDY v. SMT S Y NANDA @ NANDA RAMESH
MFA/5856/2018 · 2025-03-28
Hanchate Sanjeevkumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30548 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30548 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13241 MFA No. 5856 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5856 OF 2018 (CPC)
BETWEEN:
1. SRI S V YELLAPPA REDDY SON OF LATE VENKATA REDDY AGED ABOUT 75 YEARS,
2. SRI S Y NANDISH SON OF S V YELLAPPA REDDY AGED ABOUT 44 YEARS
BOTH THE APPELLANTS ARE RESIDING AT NO.117/6, (OLD NO.176/6) 6TH CROSS, 1ST MAIN ROAD, JAKKASANDRA EXTENSION, KORAMANGALA I BLOCK, BENGALURU - 560034. …APPELLANTS (BY SRI. C. SHANKAR REDDY., ADVOCATE)
AND:
1. SMT. S Y NANDA @ NANDA RAMESH, WIFE OF SRI S. RAMESH AGED ABOUT 50 YEARS, RESIDING AT NO.341, 7TH MAIN ROAD, HAL 2ND STAGE, BENGALURU-560008. 2. SMT. AMMAIAH WIFE OF S V YELLAPPA REDDY AGED ABOUT 68 YEARS, RESIDING AT NO.117/6,
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13241 MFA No. 5856 of 2018
(OLD NO.176/6) 6TH CROSS, 1ST MAIN ROAD, JAKKASANDRA EXTENSION, KORAMANGALA I BLOCK, BENGALURU - 560034. 3. SMT S Y NIRUPAMA WIFE OF MUKUND S REDDY DAUGHTER OF S V YELLAPPA REDDY AGED ABOUT 42 YEARS RESIDING AT NO.117/6, (OLD NO.176/6) 6TH CROSS, 1ST MAIN ROAD, JAKKASANDRA EXTENSION, KORAMANGALA, 1ST BLOCK, BENGALURU - 560034. 4. SRI V PAPANNA S/O LATE VERA REDDY AGED ABOUT 73 YEARS, RESIDING AT VENKATAPURA VILLAGE, DASANAPURA HOBLI, MALLARABANVADI POST, BENGALURU, NORTH TALUK-562123. 5. SMT P LAKSHMAMMA W/O LATE C CHOWDA REDDY AGED ABOUT 59 YEARS, RESIDING AT KADAAGRAHARA VILLAGE, SARJAPURA ROAD, ANEKAL TALUK, BENGALURU-562125. 6. SMT. TULASAMMA V N W/O LATE DR. V N BYRAPPA REDDY AGED ABOUT 65 YEARS, RESIDING AT NO.605, 11TH 'A' CROSS, 28TH MAIN, HSR LAYOUT, SECTOR-1, BENGALURU-560102
7. M/S PREMA CONSTRUCTION NO.244/A, 4TH MAIN MILK COLONY,
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NC: 2025:KHC:13241 MFA No. 5856 of 2018
MALLESHWARAM WEST BENGALURU-560055 REPRESENTED BY ITS PROPRIETOR P SURENDRAN. 8. M/S SRI DIYA PORJECTS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO.180, 1ST FLOOR, 8TH MAIN, 14TH CROSS, 6TH SECTOR, HSR LAYOUT, BENGALURU-560102 REPTD. BY ITS MANAGING DIRECTOR R B SHAKAR PRASAD. 9. SMT R SUNITHA W/O S Y RAJAGOPALA REDDY AGED ABOUT 34 YEARS, RESIDING AT SARJAPURA VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562125
10. SRI S AKARSH S/O H R S REDDY AGED ABOUT 38 YEARS, RESIDING AT NO.43, KSTHURBA ROAD CROSS, BENGALURU-560001. …RESPONDENTS (BY SRI.
C M G REDDY, ADV. FOR C/R1., SRI. SANJAY NAIR, ADV. FOR R4 TO R7, V/O DATED: 21/6/2023, NOTICE TO R2 & R3 IS D/W, V/O DATED: 28/03/2025 NOTICE TO R4 IS D/W.)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE JUDGMENT AND ORDER DATED 27.06.2018 PASSED ON I.A. NO.1/2016 IN OS.NO.26034/2016 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU[CCH-22], ALLOWING THE I.A.-I FILED UNDER ORDER XXX/X RULE 1 AND 2 R/W. SEC.151 OF CPC. - 4 -
NC: 2025:KHC:13241 MFA No. 5856 of 2018
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
Defendant Nos.1 and 3 have filed appeal questioning the
order passed by the Trial Court with regard to grant of interim
order of status quo restraining the respondent not to alienate the suit schedule property.
2. The suit is of the year 2016. As such, without making any distrubance to the interim order of the Trial Court i.e. restraining the respondents not to alienate the suit schedule property, the direction may be issued to the Trial Court to dispose of the matter as early as possible to meet the ends of justice and equity.
3. Accordingly, the Trial Court is directed to dispose of the matter as expeditiously as possible within a period of one year from the date of receipt of a copy of this order.
4. The respondent shall co-operate in the Court proceedings for early and effective disposal of the matter
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NC: 2025:KHC:13241 MFA No. 5856 of 2018
without seeking unnecessary adjournment. As such, the appeal stands disposed of.
SD/- (HANCHATE SANJEEVKUMAR) JUDGE
SSD List No.: 1 Sl No.: 2